Orissa High Court
Subharajyoti Sahoo And Others vs State Of Odisha And Another .... ... on 27 March, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.1169 of 2025
Subharajyoti Sahoo and others .... Petitioner(s)
Mr. B. R. Mohanty, Advocate
-versus-
State of Odisha and another .... Opposite Party(s)
Ms. S. Moharana, ASC
Ms. S. Nayak, Advocate for O.P.2
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 27.03.2025
02. 1. Heard.
2. At the instance of the opposite party No.2, the F.I.R. dated
26.12.2022 in Badambadi P.S. Case No.414 of 2022 came to be
registered against the petitioners for the alleged commission of the
offences under Sections 498-A/323/294/506 of I.P.C. read with
Section 4 of the D.P. Act. On the ground of settlement, the
petitioners are seeking quashing of the F.I.R and consequential
proceedings. The petitioner No.1 is the husband of the opposite
party No.2 whereas the petitioner Nos.2 & 3 are the in-laws.
3. The prosecution case in brief is that on 07.07.2020, the
informant/opposite party No.2 married the petitioner No.1 as per
Hindu rites and customs and at the time of marriage, Rs.2,00,000/-,
gold ornaments and household articles were also given to the
petitioners. It is alleged that after seven days of marriage, the
petitioner No.1 demanded Rs.5,00,000/- and due to non-fulfillment
of the same, she was subjected to torture both physically and
mentally. The petitioners have also assaulted her. Hence, this case.
4. After investigation, charge-sheet has been filed in the
present case on 29.04.2023 for the alleged commission of offences
punishable under Sections 498-A/323/294/506/34 of I.P.C. read
with Section 4 of the D.P. Act. Vide order dated 01.05.2023, the
learned J.M.F.C.-City, Cuttack in G.R. Case No.1799 of 2022 has
taken cognizance of the offences as mentioned above against the
petitioners. Before the trial commenced, the parties have settled
their dispute.
5. The petitioner Nos.1 & 2 and the opposite party No.2 are
present in the Court and being represented and identified by their
counsels. They have also filed self-attested copy of their Aadhaar
Cards to establish their identity, which are taken on record.
However, the petitioner No.3 is not present in the Court. Therefore,
learned counsel for the petitioners has moved an application being
I.A. No.915 of 2025 on behalf of the petitioner No.3 seeking
exemption from her personal appearance before this Court today,
which is taken on record. For the reason stated in the application,
the same is allowed and the personal appearance of the petitioner
No.3 is dispensed with.
6. The opposite party No.2 has filed an affidavit dated
27.03.2025 inter alia stating as under:-
"1. That I am Opposite Party No.2, wife of the
petitioner No.1 in the aforesaid Criminal Misc. case.
2. That I am the informant in Badambadi P.S. Case
No.414 of 2022 corresponding to G.R. Case No.1799
of 2022 which is pending in the Court of the learned
J.M.F.C., (City) Cuttack wherein charge-sheet has
been submitted U/s. 498(A),323, 294, 506, 34 of
I.P.C. and Section 4 and D.P. Act and the learned
Court below also pleased to take cognizance of the
above offences. The petitioners have preferred the
above criminal Misc. Case with a prayer to quash the
criminal proceeding.
3. that due to family misunderstanding I have lodged
F.I.R. against my husband and other family members
and in the mean time dispute between us have already
compromised/settled amicably on intervention of well
wishers and local gentries and I am residing with my
husband and leading happy conjugal life.
4. That as the dispute has already compromised
between us for which I no longer intend to proceed
with the case and the aforesaid Criminal proceeding
may kindly be quashed.
5. That I am swearing this affidavit on my own sweet
will without any compulsion, coercion and undue
influence."
7. On query from the Court, the opposite party No.2, who is
present in Court submits she has settled the dispute with the
petitioners and leading a happy conjugal life with the petitioner
No.1. To save her marital life, she has entered into a settlement with
the petitioners. Therefore, she does not want to prosecute the matter
with the petitioners.
8. Ms. Moharana, learned Additional Standing Counsel for
the State submits that since the dispute is arising out of a
matrimonial discord and the parties have settled their dispute and
the opposite party No.2 is leading happy marital life and filed a
compromise affidavit to that effect, this Court may give indulgence
in the present matter as there is no legal impediment.
9. Regard being had to the fact that the parties have settled
their dispute and keeping in view the judgment of the Hon'ble
Supreme Court in the cases of Gian Singh vs. State of Punjab and
another reported in 2012 (10) SCC 303 and B.S. Joshi & others vs.
State of Haryana & another reported in (2003) 4 SCC 675, I am of
the considered view that subjecting the petitioner to the rigors of the
trial would be a futile exercise. Therefore, the petition deserves
merit.
10. Accordingly, the criminal proceeding in connection with
G.R. Case No.1799 of 2022 arising out of Badambadi P.S. Case
No.414 of 2022 pending in the Court of the learned J.M.F.C. (City),
Cuttack and the consequential proceedings arising therefrom qua
the petitioners are quashed.
11. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Swarna
Designation: Senior Stenographer
Location: High Court of Orissa
Date: 28-Mar-2025 14:01:34
